2004 Regular Session
To: Judiciary B
By: Representative Wells-Smith, Akins, Aldridge, Barnett, Bentz, Chism, Davis, Ellington, Fillingane, Formby, Gunn, Hudson, Lott, Martinson, Mayhall, Mims, Moore, Nicholson, Parker, Reed, Reeves, Rotenberry, Staples, Turner
AN ACT TO BE KNOWN AS THE ABORTION COMPLICATION REPORTING ACT; TO REQUIRE PHYSICIANS TO FILE REGULAR REPORTS WITH THE STATE DEPARTMENT OF HEALTH REGARDING PATIENTS WHO REQUIRE MEDICAL TREATMENT OR SUFFER DEATH AS A RESULT OF AN ABORTION; TO REQUIRE THAT IDENTIFYING INFORMATION IN THE REPORTS SHALL BE KEPT CONFIDENTIAL; TO PROVIDE PENALTIES FOR WILLFUL VIOLATIONS OF THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the Abortion Complication Reporting Act.
SECTION 2. As used in this act:
(a) "Abortion" has the meaning as defined in Section 41-41-31.
(b) "Medical treatment" means, but is not limited to, hospitalization, laboratory tests, surgery or prescription of drugs.
(c) "Department" means the State Department of Health.
SECTION 3. (1) A physician shall file a written report with the State Department of Health regarding each patient who comes under the physician's professional care and requires medical treatment or suffers death that the attending physician has a reasonable basis to believe is a primary, secondary, or tertiary result of an induced abortion.
(2) These reports shall be submitted within thirty (30) days of the discharge or death of the patient treated for the complication.
(3) The department shall summarize aggregate data from the reports required under this section for purposes of inclusion into the annual Vital Statistics Report.
(4) The department shall develop and distribute or make available online in a downloadable format a standardized form for the report required under this section.
(5) The department shall communicate this reporting requirement to all medical professional organizations, licensed physicians, hospitals, emergency rooms, abortion facilities, Department of Health clinics and ambulatory surgical facilities operating in the state.
(6) The department shall destroy each individual report required by this section and each copy of the report after retaining the report for five (5) years after the date the report is received.
(7) The report required under this section shall not contain the name of the woman, common identifiers such as her social security number or motor vehicle operator's license number or other information or identifiers that would make it possible to identify in any manner or under any circumstances an individual who has obtained or seeks to obtain an abortion. A state agency shall not compare data in an electronic or other information system file with data in another electronic or other information system that would result in identifying in any manner or under any circumstances an individual obtaining or seeking to obtain an abortion. Statistical information that may reveal the identity of a woman obtaining or seeking to obtain an abortion shall not be maintained.
(8) The department or an employee of the department shall not disclose to a person or entity outside the department the reports or the contents of the reports required under this section in a manner or fashion as to permit the person or entity to whom the report is disclosed to identify in any way the person who is the subject of the report.
(9) Disclosure of confidential identifying information in violation of this section shall constitute a felony which, upon conviction, shall be punished by imprisonment in the State Penitentiary for not more than three (3) years, or a fine of not more than Five Thousand Dollars ($5,000.00), or both.
SECTION 4. (1) Each report of medical treatment following abortion required under Section 4 of this act shall contain the following information:
(a) The age and race of the patient;
(b) The characteristics of the patient, including residency status, county of residence, marital status, education, number of previous pregnancies, number of stillbirths, number of living children and number of previous abortions;
(c) The date the abortion was performed and the method used if known;
(d) The type of facility where the abortion was performed;
(e) The condition of the patient that led to treatment, including, but not limited to, pelvic infection, hemorrhage, damage to pelvic organs, renal failure, metabolic disorder, shock, embolism, coma or death.
(f) The amount billed to cover the treatment of the complication, including whether the treatment was billed to Medicaid, insurance, private pay or other method. This should include charges for physician, hospital, emergency room, prescription or other drugs, laboratory tests and any other costs for the treatment rendered.
(g) The charges are to be coded with IDC-9 classification numbers in such a way as to distinguish treatment following induced abortions from treatments following ectopic or molar pregnancies.
(2) Nothing in this act shall be construed as an instruction to discontinue collecting data currently being collected.
SECTION 5. Willful violation of the provisions of this act shall constitute a misdemeanor and shall be punishable as provided for by law, except that disclosure of confidential identifying information shall constitute a felony as provided in subsection (9) of Section 3 of this act. No physician or hospital, its officers, employees or medical and nursing personnel practicing in the hospital shall be civilly liable for violation of the provisions of this act, except to the extent of liability for actual damages in a civil action for willful or reckless and wanton acts or omissions constituting that violation. However, that liability shall be subject to any immunities or limitations of liability or damages provided by law.
SECTION 6. The provisions of the act are declared to be severable, and if any provision, word, phrase, or clause of the act or the application thereof to any person is held invalid, the invalidity shall not affect the validity of the remaining portions of this act.
SECTION 7. This act shall take effect and be in force from and after July 1, 2004.